Feeling tired? Feeling sexually inadequate? Is it affecting your work performance? If so, don’t worry because if you end up getting booted from the job, you can file a discrimination claim and actually pull it off.

Why?

Because the U.S. Court of Appeals for D.C. Circuit expanded their qualifiers under the nation’s anti-discrimination law for federal employees. First, came “sleep deprivation” and now… sex. Oh, yeah! Ruled the court, any disabilities that promote sleeplessness or the inability to have sex are covered by the Rehabilitation Act.

As stated at Law.com, “Employment lawyers say the rulings open the door for a host of new discrimination claims and add ballast to cases that hinge on plaintiffs’ ability to prove that their disabilities substantially interferes with their everyday lives.”

 According to Victoria Zellers, a partner in Cozen O’Connor’s Philadelphia office, “employers will have to view the term ‘disability’ much more broadly.”

Estimating that 10 percent of American adults have a sleep disorder, and at least twice that amount suffers from sexual dysfunction (physical or psychological) was the Centers for Disease Control and Prevention.

On July 18, Judge David Tatel, quoting Genesis, pronounced sex a “significant human activity, one our species has been engaging in at least since the biblical injunction to ‘be fruitful and multiply.’”

And as for sleep…the court found that plaintiffs are not required to show that their sleep disorders affect their waking activities, in order to bring a discrimination claim. Shifting toward a broader definition of disability, the courts have offered employees more rights and as for employers…well, what can you do? It’s the law.

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